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High Court of KeralaWP(C)/27603/2014disposed of

Akhil.V. v. Principal, N.S.S.College

2015-01-13Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 13TH DAY OF JANUARY 2015/23RD POUSHA, 1936 WP(C).No. 27603 of 2014 (A) -------------------------------------- PETITIONER(S):

----------------------- AKHIL V., ASSISTANT PROFESSOR, DEPARTMENT OF COMMERCE, N.S.S. COLLEGE, PANDALAM, RESIDING AT 'KRISHNAMANDIRAM', NJAKKANAL P.O., KRISHNAPURAM, ALAPPUZHA - 690 533.

BY ADV. SRI.S.MUHAMMED HANEEFF RESPONDENT(S):

-------------------------

1. PRINCIPAL, N.S.S.COLLEGE, PANDALAM - 689 501.

2. UNIVERSITY OF KERALA, REPRESENTED BY ITS REGISTRAR, UNIVERSITY CAMPUS, THIRUVANANTHAPURAM - 695 034.

3. DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOTTAYAM - 691 001.

4. THE STATE OF KERALA, RERPESENTED BY ITS SECRETARY TO THE GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

R2 BY ADV. SRI.BECHU KURIAN THOMAS, SC R3 & R4 BY GOVERNMENT PLEADER SRI.M.A.FAYAZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 27603 of 2014 (A) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1: A TRUE COPY OF THE APPOINTMENT ORDER NO F/3565/2013 DATED 01-06-2013 ISSUED BY THE N.S.S COLLEGES CENTRAL COMMITTEE, CHENGANACHERRY TO THE PETITIONER.

EXHIBIT P2: A TRUE COPY OF THE MINUTES OF THE MEETING OF THE SELECTION COMMITTEE HELD AT 10 AM ON 26-10-2012.

EXHIBIT P3: A TRUE COPY OF THE ORDER NO AC.F.V/339-3/2013 DATED 05-12-2013 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P4: A TRUE COPY OF THE STATEMENT OF WORKLOAD OF THE PETITIONER'S COLLEGE.

EXHIBIT P5: A TRUE COPY OF THE COMMUNICATION NO.3909/D/2011/H.EDN DATED 09-02-2012 ISSUED BY THE GOVERNMENT.

RESPONDENT(S)' EXHIBITS:

----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/

A.MUHAMED MUSTAQUE, J.

***************************************************** W.P.(C) No.27603 of 2014 ***************************************************** Dated this the 13th day of January, 2015

JUDGMENT

The petitioner is appointed as Assistant Professor in Commerce in N.S.S.College, Pandalam. By Ext.P3, the petitioner's appointment has been approved by the University. Ext.P3 is dated 5.12.2013. The appointment was with effect from 5.6.2013. The petitioner approached this Court on account of non-disbursal of salary from the date of appointment. The petitioner submits that once the University has approved the appointment, the Government cannot withhold the payment of salary.

2.

The learned Government Pleader submits that the delay involved as the Department has to find found out whether there exist excess teacher or not and after enquiry, it was found that there is no impediment in appointing and approving the petitioner as Assistant Professor.

W.P.(C) No.27603 of 2014 2 In view of the above submission, the first respondent is directed to forward the bills of the petitioner for the current month immediately and thereupon, the third respondent shall disburse the salary due to the petitioner time to time. The current bill shall be paid immediately within a period of three weeks from the date of production of bills by the first respondent before the third respondent. The arrears of the salary shall be paid by the third respondent within a further period of two months.

The writ petition is disposed of as above. No costs. Sd/- A.MUHAMED MUSTAQUE, JUDGE ln